McLaren v. Caldwell
Encyclopedia
McLaren v. Caldwell 9 A.C. 392 was a landmark decision of the Judicial Committee of the Privy Council
that upheld upheld Ontario Premier Oliver Mowat
's Rivers and Streams Act, which prevented private ownership of streams and rivers in the province, and which was sharply opposed by prime minister John A. Macdonald
. Previous to the decision the federal government had disallowed
the law several times.
Peter McLaren
was a logger who had adapted a river near Ottawa for transporting logs to which he charged a fee for those wishing to use the river. Boyd Caldwell was a miller who was attempting to move some logs through the river without paying. Caldwell claimed that McLaren was unable to charge for use of the river because of the controversial River and Streams Act. McLaren, however, challenged the constitutionality of the Act. The Privy Council held in favour of Caldwell, stating that the Act was valid.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
that upheld upheld Ontario Premier Oliver Mowat
Oliver Mowat
Sir Oliver Mowat, was a Canadian politician, and the third Premier of Ontario from 1872 to 1896, making him the longest serving premier of that province and the 3rd longest in all of Canadian history...
's Rivers and Streams Act, which prevented private ownership of streams and rivers in the province, and which was sharply opposed by prime minister John A. Macdonald
John A. Macdonald
Sir John Alexander Macdonald, GCB, KCMG, PC, PC , QC was the first Prime Minister of Canada. The dominant figure of Canadian Confederation, his political career spanned almost half a century...
. Previous to the decision the federal government had disallowed
Disallowance and reservation
Disallowance and reservation are constitutional powers that theoretically exist in certain Commonwealth realms to delay or overrule legislation. Originally created to retain the Crown's authority over colonial authorities across the British Empire, these powers are now generally obsolete, or have...
the law several times.
Peter McLaren
Peter McLaren (politician)
Peter McLaren was a Canadian politician.Born in Lanark, Upper Canada, he was the son of James McLaren, an immigrant from Scotland. He married Sophia, the daughter of William Lees. McLaren was involved in the timber trade and operated sawmills in Carleton Place and at McLaren's depot on the...
was a logger who had adapted a river near Ottawa for transporting logs to which he charged a fee for those wishing to use the river. Boyd Caldwell was a miller who was attempting to move some logs through the river without paying. Caldwell claimed that McLaren was unable to charge for use of the river because of the controversial River and Streams Act. McLaren, however, challenged the constitutionality of the Act. The Privy Council held in favour of Caldwell, stating that the Act was valid.